Title 105 · ORS Chapter 105
93.710. ����� (2) An instrument described in subsection (1) of this section shall contain: ����� (a) The parties� names; ����� (b) A legal description of the real property involved; ����� (c) The
Citation: ORS 93.710
Section: 93.710
93.710.
����� (2) An instrument described in subsection (1) of this section shall contain:
����� (a) The parties� names;
����� (b) A legal description of the real property involved;
����� (c) The nature of the interest created;
����� (d) The consideration paid for the transfer; and
����� (e) The terms or conditions, if any, under which the interest may be revised or terminated.
����� (3) As used in this section, �wind energy conversion system� means any device, supporting structure, mechanism or series of mechanisms that uses wind for the production of electricity or a mechanical application. [1981 c.590 �4]
PERSONAL PROPERTY RIGHTS
����� 105.920 Joint tenancy in personal property; creation. There shall be a form of co-ownership of personal property known as joint tenancy. A joint tenancy shall have the incidents of survivorship and severability as at common law. A joint tenancy may be created only by a written instrument which expressly declares the interest created to be a joint tenancy. It may be created by a transfer or bequest from a sole owner to others, or to the sole owner and others; or from tenants in common or joint tenants to others, or to themselves or some of them, or to themselves or any of them and others; or from spouses married to each other, when holding title as community property or otherwise, to others, or to themselves, or to one of them and to another or others. A transfer or bequest creating a joint tenancy shall not derogate from the rights of creditors. [Formerly 91.355; 2015 c.629 �6]
MOTOR VEHICLE EVENT DATA RECORDERS
����� 105.925 Definitions for ORS 105.925 to 105.945. As used in ORS 105.925 to 105.945:
����� (1) �Event data recorder� has the meaning given that term in 49 C.F.R 563.5, as in effect on January 1, 2008.
����� (2) �Owner� means a person:
����� (a) In whose name a motor vehicle is registered or titled;
����� (b) Who leases a motor vehicle for at least three months;
����� (c) Who is entitled to possession of a motor vehicle as the purchaser under a security agreement; or
����� (d) Who is the attorney in fact, conservator or personal representative for a person described in paragraphs (a) to (c) of this subsection. [2007 c.644 �1]
����� 105.928 Ownership of recorded data. Except as specifically provided under ORS 105.925 to 105.945, the data on a motor vehicle event data recorder is exclusively owned by the owner of the motor vehicle and may not be retrieved or used by any person other than the owner of the motor vehicle without the written consent of the owner. If a motor vehicle is owned by more than one person, all owners must consent to the retrieval or use of the data from a motor vehicle event data recorder. [2007 c.644 �2]
����� 105.932 Effect of vehicle ownership transfer on ownership of data; prohibited insurer and lessor actions. (1) Data on a motor vehicle event data recorder does not become the property of a lienholder or insurer solely because the lienholder or insurer succeeds in ownership of a motor vehicle as a result of an accident.
����� (2) An insurer may not condition the payment or settlement of an owner�s claim on the owner�s consent to the retrieval or use of the data on a motor vehicle event data recorder.
����� (3) An insurer or lessor of a motor vehicle may not require an owner to consent to the retrieval or use of the data on a motor vehicle event data recorder as a condition of providing the policy or lease. [2007 c.644 �3]
����� 105.935 Court order for retrieval or use of data by law enforcement officers or certain emergency service providers. Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner after an accident if a court orders the production of the data based on a determination by the court that:
����� (1) A law enforcement officer has probable cause to believe that a crime has occurred and that the data is relevant to the investigation of the crime; or
����� (2) A law enforcement officer, firefighter or emergency medical services provider seeks to obtain the data in the course of responding to or investigating an emergency involving the physical injury or the risk of physical injury to any person. [2007 c.644 �4]
����� 105.938 Court order for retrieval or use of data by insurer. (1) Upon petition of an insurer, a court may order that data from a motor vehicle event data recorder be retrieved or used without the consent of the owner of the motor vehicle after an accident if the court determines that:
����� (a) The owner has a policy of insurance for the vehicle issued by the insurer;
����� (b) The data is necessary to reconstruct the facts of the accident and to allow the insurer to determine the obligations of the insurer under the insurance policy; and
����� (c) An accurate and timely determination of the facts of the accident cannot occur without the data.
����� (2) A petition under this section must be filed in the circuit court for the county in which the owner of the motor vehicle resides. The petition must be served on the owner in the manner provided by ORCP 7 not less than 30 days before a hearing on the petition. An insurer filing a petition under this section must pay the filing fee specified by ORS 21.135. [2007 c.644 �4a; 2011 c.595 �122]
����� 105.942 Retrieval or use of data for responding to medical emergency, for medical research or for vehicle servicing or repair. (1) Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner to facilitate or determine the need for emergency medical care for the driver or passenger of a motor vehicle that is involved in a motor vehicle crash or other emergency, including the retrieval of data from a company that provides subscription services to the owner of a motor vehicle for in-vehicle safety and security communications systems.
����� (2) Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner to facilitate medical research of the human body�s reaction to motor vehicle crashes if:
����� (a) The identity of the owner or driver is not disclosed in connection with the retrieved data; and
����� (b) The last four digits of the vehicle identification number are not disclosed.
����� (3) Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner to diagnose, service or repair a motor vehicle. [2007 c.644 �5]
����� 105.945 Exempted data. ORS